Do I have to try mediation before making a family court application?

Family mediation is often one of the first options separating couples consider when resolving disputes about their children or finances. In this video, our Family Law team explains whether mediation is compulsory before starting court proceedings, the role of a Mediation Information and Assessment Meeting (MIAM), and the practical steps parties are expected to take before making a family court application. The discussion addresses common questions around mediation, family court proceedings and alternative dispute resolution, helping individuals understand their options at an early stage. 

The video explores the many benefits of mediation, including greater control over the outcome, reduced costs, faster resolution and the opportunity to discuss and reach agreements in a confidential and constructive environment. It also explains why courts expect parties to make genuine efforts to resolve disputes outside court wherever possible, and how mediation can be effective in both resolving the arrangements for children and financial matters, including in high-value divorce and family wealth cases. 

The lawyers also discuss the different types of family mediation available, including traditional mediation, shuttle mediation, hybrid mediation and child-inclusive mediation. By highlighting how mediation can support co-parenting, improve communication and keep the focus on the best interests of children, the video demonstrates why mediation should be considered at every stage of a family law dispute. The key takeaway is clear: mediation is not compulsory, but it can be one of the most effective ways to achieve a practical, cost-effective and lasting resolution without the need for contested court proceedings. 

Here are our top tips to ensure you get the most of your mediation session:  

• First, keep an open mind – mediation could open doors you hadn't considered. 
• Second, prepare properly and make sure you know what your priorities are and what you’re willing to compromise on. 
• Third, choose the right format for your circumstances – in one room or several, with or without your lawyers attending in support? 
• Fourth, remember mediation offers the chance to explore ideas freely, without worrying that anything you say will be held against you in court. That freedom often unlocks creative solutions that wouldn't emerge in a more formal setting. 
• And finally, don't rule out mediation just because proceedings have been issued. It is never too late to try mediation — it can work alongside litigation, and many people return to mediation years later as circumstances change, whether that's revisiting financial arrangements or updating contact plans for children as they grow older. The court will look favourably on genuine attempts to resolve matters outside the courtroom.